Indicted Waukegan City Clerk Asks Judge To Dismiss Felony Charges, Hearing Planned

WAUKEGAN, IL — Attorneys for the indicted Waukegan city clerk asked a judge to toss out the charges against her, contending that prosecutors failed to charge her properly.

The motion to dismiss the case against Janet Kilkelly comes after a Lake County grand jury indicted her in March on 10 counts of official misconduct and five counts of misapplication of funds, all of which are class 3 felonies.

Kilkelly, 70, is accused of illegally providing coronavirus-related relief for liquor and gambling license fees to five local businesses that were not in good standing with the city and therefore ineligible.

The businesses involved — Create Your Own Cheesecake and Cheesesteak, Golf Road Citgo, Isla del Mar #2, Live Star Banquet Hall and Taqueria Toluca #2 —saved about $6,300 combined.

First elected in 2017 and reelected in 2021, Kilkelly pleaded not guilty in April to the allegations, which resulted from an “extensive investigation” by Illinois State Police, according to the Office of Lake County State’s Attorney Eric Rinehart.

"Taxpayers lost a significant amount of revenue," Rinehart said following the indictment. "The City Clerk violated the public trust when she ignored her own recommendation and the final decision of the Waukegan City Council.”

The official misconduct charges in the indictment characterize Kilkelly as "deputy liquor control commissioner" for the city, alleging that she knowingly approved a credit when she knew she was forbidden by law to do so.

But according to her attorneys' motion to dismiss, first reported by the Lake County News-Sun, Kilkelly was never deputy liquor control commissioner but was an administrative assistant instead. That means those charges must be dismissed.

“It is important to note," the motion said, "that the state does not allege that Kilkelly sought or attempted to gain any personal advantage, financial benefit or political compensation from her actions."

Kilkelly is awaiting trial on pretrial release and continues to serve as city clerk while the case remains pending. The Waukegan City Council voted 4-3, days after her indictment, to reject a proposed ordinance that would have suspended her from certain duties pending resolution of the criminal case.

At a case management hearing on Monday, Lake County Circuit Judge Patricia Fix scheduled a evidentiary hearing for Sept. 5 to consider Kilkelly's motion to dismiss the case. If the case continues to go ahead, a tentative trial date has been set for Nov. 4.

UPDATE: False Testimony From ISP, Prosecutorial Misconduct Led To Clerk's Indictment, Judge Rules